The International Court of Justice has formalized the next phase of proceedings in South Africa’s genocide case against Israel, establishing key deadlines for the exchange of written legal arguments between the two nations.
According to an order dated 21 May 2026, South Africa must submit its Reply to Israel’s Counter-Memorial by 22 November 2027. Israel will subsequently have until 22 May 2029 to file its Rejoinder, completing the second round of written pleadings in the landmark case.
The timeline follows a procedural consultation held in The Hague on 29 April 2026, where representatives from both governments met with the President of the Court to coordinate next steps. The South African Presidency confirmed awareness of the order, noting that two-round pleading sequences are standard practice in ICJ matters and have been uniformly applied in previous cases filed under the Genocide Convention.
Jurisdictional Dispute Shapes Next Legal Phase
A central element of the upcoming Reply will be South Africa’s response to Israel’s challenge to the Court’s authority. Israel raised objections to the ICJ’s jurisdiction in its Counter-Memorial, filed in March 2026. However, under the Court’s procedural rules, such objections are expected to be submitted “as soon as possible, and not later than three months after the delivery of the Memorial”—a window that would have closed in January 2025.
Because Israel’s jurisdictional challenge was submitted outside this timeframe, South Africa will now address these objections directly within its November 2027 Reply.
The Presidency also responded to public statements made by Israel’s legal team upon filing the Counter-Memorial, in which counsel asserted the document demonstrates that Israel’s military actions in Gaza pursue “legitimate objectives… to eliminate the military and governing capabilities of Hamas and other terrorist organizations.”
“Whether or not Israel’s war on Gaza is authorised by, or has complied with, the international law regarding self-defence, as claimed by Israel’s counsel, South Africa’s response is a simple one: self-defence is not a defence to genocide, there is none,” the Presidency stated.
Provisional Measures Continue to Apply
Pretoria emphasized that regardless of procedural developments, Israel remains legally obligated to comply with three provisional measures orders previously issued by the ICJ. In those rulings, the Court found that Palestinians in Gaza face a “real and imminent risk of irreparable prejudice” to their rights protected under the Genocide Convention.
The binding measures require Israel to:
– Take all necessary steps to prevent acts falling under the definition of genocide from being committed by its military or affiliated forces in Gaza;
– Ensure, “without delay, in full co-operation with the United Nations, the unhindered provision… of urgently needed basic services and humanitarian assistance”;
– Facilitate “unimpeded access” for United Nations investigative mechanisms, including commissions of inquiry and fact-finding missions, to operate within the Gaza Strip.
All written submissions in the case remain confidential under ICJ procedural rules until the Court determines otherwise.
Case Origins and Context
South Africa initiated legal proceedings against Israel at the ICJ in December 2023, alleging that Israel’s conduct during its military operations in Gaza breaches obligations under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
The Court has not yet issued a ruling on whether genocide has occurred. Its interventions to date have focused on provisional measures designed to preserve the rights of both parties while the case proceeds through the lengthy adjudication process typical of international litigation.
The next major procedural benchmark will be South Africa’s Reply, due in November 2027, which is expected to address both the substantive allegations and Israel’s jurisdictional objections. A final judgment on the merits of the case is not anticipated for several years.